Skip to main content

HOW A DISABILITY ADVOCATE OR ATTORNEY GETS PAID FOR HELPING YOU

Most people who who deal with the US government, and especially the Social Security Administration (SSA) use an advocate or attorney to help them.  It's important for you to know how this representative will get paid for his or her services.

First, the government does not pay your representative's fee.  While the SSA will withhold the fee from your past due benefits and pay the representative directly,* the fee comes out of your back pay settlement (and only your back pay settlement).  The fee is a percentage of the back pay you are given.

For example, if you receive a back pay award for $12,000 and you have agreed to pay your representative 25 percent (the maximum allowable), your representative's fee would be $3,000.  This is the only fee you can be charged.

What about your ongoing monthly benefit check?  It is all yours.  Social Security will not permit the representative to be paid anything out of the future monthly checks.  So, if your monthly disability check is $1,500 per month, you get the entire $1,500.

What about a case where monthly benefits are awarded but no back pay is due?  In this case, the representative is not entitled to charge a fee and his or her work has been free.  (Fees are regulated by the Social Security Administration).

*Representatives must be approved by the Social Security Administration to qualify for Direct Payment of Fees . A government study has shown that representatives who are eligible for Direct Payment of Fees generally do a better job than those who are not Direct Pay qualified.

Contact an Experienced Disability Advocate - Click here 
 

 

Comments

Popular posts from this blog

COMPLETING THE FUNCTION REPORT FOR SOCIAL SECURITY

Social Security analyzes a new claimant's ability to perform certain activities.  This helps them to decide whether the claimant is disabled according to their rules.  They use a form called "Function Report - Form SSA-3373-BK" or one very much like it.  Be careful how you answer the questions on this form.  Strive to be accurate but also descriptive.  Try to give a real picture of how your pain or other symptoms limit your daily activities--such as shopping, driving, doing housework, socializing, etc. Here are just a few of the questions on the Function Report, as samples of the type of information being collected from each applicant who files a new claim for benefits: Do you take care of anyone else such as a wife/husband, children, parents, friend, other?  ( If you do, and do not show that you have significant problems in doing so, Social Security may judge that you are quite able to perform other activity, like working). How often do you prepare food or meals? 

JUDGE JUDY TIRADES ABOUT SOCIAL SECURITY

Judge Judy Sheindlin has added her two cents worth to the controversy about Social Security.  Judge Judy appeared on a Fox News program hosted by Megan Kelly and said she was tired of people getting Social Security disability because they were "alcoholics and drug addicts," adding to the popular myth that SSDI is "going broke" because of dead beat drug users who refuse to work.  Fox News did nothing to set the record straight. The truth is that by law individuals cannot qualify for SSI or SSDI benefits based on either alcohol or drug addiction/abuse. In 1996, Congress passed Public Law ( P.L. ) 104-121—which terminated benefits for Supplemental Security Income ( SSI ) and Disability Insurance ( DI ) beneficiaries whose primary impairment was drug addiction, alcoholism, or both. As a result of the 1996 legislation, those individuals became ineligible for benefits, effective January 1, 1997. Social Security will currently not award benefits to persons becau

DISABILITY 101 - FINAL EXAMINATION

Take this sample test.  If you fail the test, you may not want to represent yourself at a Social Security disability hearing.  The following are reasonable items of knowledge that should be expected at any hearing.  Answers are given following the test.  There are no trick questions. 1.  How many years are there in "past relevant work" history? 2.  How many sequential steps are there in evaluating an SSDI claim? 3.  Which exertional level requires the ability to stand or walk for only about two hours out of an eight-hour workday? 4.   True or False?  The inability to walk one block at a reasonable pace over a rough or uneven surface is an example of ineffective persistence and pace? 5.  Jobs at which exertional level usually requires the ability to react appropriately with co-workers, supervisors and the general public? 6.  If an individual is restricted to medium exertional level work, at what other levels can he also perform. 7.  You are alleging disability as of Se